Disposed

Sujith Paladgu v. The State of Telangana

Telangana HC9 Oct 2023WP/27765/2023

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition wherein the petitioner sought a writ of mandamus directing the Sub-Registrar to register a sale deed. The Court held that a registering authority cannot refuse registration without valid grounds and directed the authority to receive, register, and release the sale deed if the property is not covered under prohibitory orders.

What did the court decide?

The Registering Authority is directed to receive, register and release the sale deed in case the property is not covered under prohibitory orders.

Sujith Paladgu Vs The State of Telangana — Execution and Attachment | Telangana HC (2023)

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[320e ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION NO: 27765 OF 2023

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Between:

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Sujith Paladgu, S/o. P. Suresh. Aged about 36 Years, Occ. Business, Rl/o. Plot No. 29, Orange Pratistha, Kapra, ECIL, Under GHMC Kapra Circle and Mandal, Medchal Malkajgiri District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department (Stamps and Registration), BRK Bhavan, Secretariat, Hyderabad.

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2 The Commissioner and lnspector General of Stamps and Registration, Mozamjahi Market Hyderabad, Telangana State.

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3 The District Registrar, IVedchal [t4alkajgiri District. IVledchal.

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4 The Sub Registrar, Kapra, Kapra Mandal, lvledchal-Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ] Order or Direction more particularly one in the nature of Writ of Mandamus, directing the Respondent No. 4 to register the sale deed in respect of premises bearing No.1-1-31/1U165 on Southern Plot No. 231 in Sy. No. 127 Part 1 30, Part 1 31 , srtuated at Saket Vorla Enclave, Saket Nagar, Phase ll under GHMS Kapra Mandal, Medchal Malkajgiri District.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^prayinly that in the circumstances stated in the affidavit filed in support of the petition, lhe High Court may be pleased to direct the Respondent No. 4 to consider the regrrese ntatio n, dated 29-09-2023 by registering the sale deed in respect of premises bearing No.1-'1-31l1U165 on Southern Plot No. 231 in Sy. No. 127 Part 130 Part 13'1 , situated at Saket Vorla Enclave, Saket Nagar, Phase ll under GHTVS l(apra l,4andal, lt/edchal tt/alkajgiri District.

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Counsel for the Petitioner: SRI POLICE VENKAT REDDY

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Counsel for the Respondents: SRI B.DILEEP H.UMAR,

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AGP FOII STAMPS AND REGISTRATION

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The Court made the following: ORDER

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HON'BLE^{DT. JUSTICE CHTLLAKURSUMALATHA} WRIT PE^{TITIONNo.27765 OF 2023}

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ORDER

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Heard Sri Police^{Venkat Reddy,learned counsel for the} petitioner, as^{well as Sri B Dileep Kumar' learned Assistant} Government^{Pleader for Stamps and Registration,who is} representing^{all the respondents'}

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This Writ^{Petition is filed seekingthe Courtto lssuean} order in the^{natureof writ of Mandomusdirecting respondent} No.4 i.e., the^{Sub-Registrar, Kapra Mandal'Medchal-Malkajgri} District, to^{registerthe saledeed in respect of premisesbearing} No.1-1-31/II/165,^{located on Plot No'231 in Sy'Nos'127Pxt'} 130 Part and^{131 Part, at Saket Vorla Enclave' Saket Nagar'} Phase-Il,underGreaterHyderabadMunicipalCorporation Kapra Circle,^{Kapra Mandal,Me dchal-Malkaj giri District'}

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Making his^{submissionwith regardto the meritsof the} matter, learned^{counsel for the petitioner states that the} petitioner submitted^{a sale deed' with regard to the subject} property and^{though itwas initially entertained'respondent} No.4 later failed^{to register the said document' Learned} coun\elalso^{states that respondent No'4 orally intimated that}

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Lh-(-SL, J W.l' No 2776.5 ol 2023

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basing on rhe order issued by this court in I.A.No.2 of 2o2r in S.A.No.37 of 2O2l , dated 2g.O3.2023, thc sale deed calnot be registered. Learned counsel also states that the subject property covered under the sale deed is different to that of the property covered under order of thr: High Court and therefore, a direction may be issued to th,r Registering Authority to register the sa_le deed. Learned counsel also contends that respondent No.4 himself endorsed on the Market Value Certificate, dated 3O.O9 .2023 that the subject property uid.e document No.6533 of 2O2l of S.R.O. Kapra, is not prohibited for registration. However, a perusal of the said Certilicate goes to show that the Door Number differr;.

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Learned Assistant Government. pleacler for Stamps and Registration seeks the Court to pass orders directing the Registering Authority to register thr: document in case, the subject property is not covered under the orders of this Court uide LA.No.2 of 2O2l in S.A.No.37 of IZO2I, dated 28.03.2023.

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Having considered the submissions thus made, and as the Registering Authority cannot reluse registration without

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Dr.CSL. J w.P.No.27765 of 2023

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I I

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valid grounds and no oral refusal is permissible under 1aw, the Writ Petition is disposed of '"r,ith the following direction:

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Registering Authoity is directed to receiue, register and reLease the sale deed in respect of the premises bearing No.1-1-31/ll/ 165, located on Plot No.231 in Sg.Nos.127 Part, 130 Part and 131 Part, at Saket Vorla Enclaue, Saket Nagar, Phase-II, under Greater Hgderabad Municipal Corporation Kapra Circle, Kapra Manda| Medchal-Malkajgiri District, in case, the said propertg is not couered under ang prohibitory orders including the order of this Court, which was rendered in I.A.No.2 of 2021 in S.A.No.37 of 2O21, dated 28.O3.2023. Registeing Authoitg also to confrrrn that th.e docament is in compliance of tLe provisions of the Registration Act, 19OB and the Indian Stamp Act, 1899. In case, th.e docament is not in confonnitA u-tith ang of the aboue conditions, a refusal order be passed and a copy of such order to be

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I Dr.CSL, J W.P.No.27765 of 242:)

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communicated to the petitioner. There shall be^{no order}

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as fo cosfs.

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